Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1702 Compare Versions

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22 SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 1702
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Dylan A. Fernandes
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying
1212 resolve:
1313 Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of
1414 Correction.
1515 _______________
1616 PETITION OF:
1717 NAME:DISTRICT/ADDRESS :Dylan A. FernandesPlymouth and BarnstableDavid T. Vieira3rd Barnstable2/24/2025Hadley Luddy4th Barnstable2/24/2025Kip A. Diggs2nd Barnstable2/24/2025Julian CyrCape and Islands2/24/2025 1 of 3
1818 SENATE DOCKET, NO. 2146 FILED ON: 1/17/2025
1919 SENATE . . . . . . . . . . . . . . No. 1702
2020 By Mr. Fernandes, a petition (accompanied by resolve, Senate, No. 1702) of Dylan A.
2121 Fernandes, David T. Vieira, Hadley Luddy, Kip A. Diggs and others that provisions be made for
2222 an investigation and study by a special commission (including members of the General Court) to
2323 study the expansion of statutory sentencing guidelines in Houses of Correction. Public Safety
2424 and Homeland Security.
2525 The Commonwealth of Massachusetts
2626 _______________
2727 In the One Hundred and Ninety-Fourth General Court
2828 (2025-2026)
2929 _______________
3030 Resolve to establish a commission to study expanding sentencing jurisdiction in Houses of
3131 Correction.
3232 1 Resolved, SECTION 1. Purpose.
3333 2 Whereas the current statutes of the Commonwealth of Massachusetts allow for the
3434 3housing of inmates sentenced to a term of incarceration up to two and one-half years in the
3535 4Houses of Correction under the jurisdiction of the county sheriffs, this legislation initiates a
3636 5study to assess the feasibility, impact, and potential benefits of expanding the jurisdiction of
3737 6Houses of Correction to include inmates sentenced to terms of incarceration of up to ten years.
3838 7 SECTION 2. Establishment of a Commission.
3939 8 There shall be established a special commission to study and evaluate the feasibility and
4040 9implications of expanding the statutory sentencing guidelines to allow sheriffs to house inmates
4141 10sentenced to a maximum of ten years in the Houses of Correction.
4242 11 SECTION 3. Composition of the Commission. 2 of 3
4343 12 The commission shall consist of the following members: 1 member of the Massachusetts
4444 13House of Representatives, appointed by the Speaker of the House, who shall serve as co-chair; 1
4545 14member of the Massachusetts House of Representatives, appointed by the House Minority
4646 15Leader; 1 member of the Massachusetts Senate, appointed by the Senate President, who shall
4747 16serve as co-chair; 1 member of the Massachusetts Senate, appointed by the Senate Minority
4848 17Leader; the Secretary of Public Safety and Security, or their designee; the Commissioner of the
4949 18Department of Correction, or their designee; 3 sheriffs of the Commonwealth, appointed by the
5050 19Massachusetts Sheriffs’ Association; one member of the Committee for Public Counsel Services,
5151 20appointed by the Governor; 1 member of the Massachusetts Association of Criminal Defense
5252 21Lawyers, appointed by the Governor; 2 members of the judiciary, appointed by the Chief Justice
5353 22of the Supreme Judicial Court; 2 District Attorneys appointed by the Massachusetts District
5454 23Attorneys Association; and 2 members of the public with expertise in sentencing policy,
5555 24appointed by the Attorney General.
5656 25 SECTION 4. Duties of the Commission.
5757 26 The commission shall: (a) review current sentencing statutes and guidelines and their
5858 27alignment with the operational capacity and rehabilitation programs in Houses of Correction; (b)
5959 28assess the fiscal, operational, and public safety impacts of expanding sheriffs' jurisdiction to
6060 29house inmates sentenced to terms of up to ten years; (c) evaluate the potential benefits of
6161 30enhanced local rehabilitation services, family connections, and community-based programming
6262 31for inmates serving longer sentences; (d) solicit input from stakeholders, including victims'
6363 32advocates, legal professionals, correctional staff, and community organizations; (e) consider the
6464 33best practices from other states with similar sentencing models; and (f) consider the use of the
6565 34current step-down system from the Department of Corrections to the Houses of Correction. 3 of 3
6666 35 SECTION 5. Report and Recommendations.
6767 36 The commission shall file a report with its findings and recommendations, including any
6868 37proposed legislative or regulatory changes, with the Clerk of the House of Representatives, the
6969 38Clerk of the Senate, and the Governor no later than one year from the date of the commission's
7070 39first meeting.
7171 40 SECTION 6. Implementation and Funding.
7272 41 The commission shall be funded through existing appropriations to the Executive Office
7373 42of Public Safety and Security, with additional funding as necessary to be allocated through the
7474 43state budget.
7575 44 SECTION 7. This act shall take effect immediately upon passage.